Imran Bepari, Presently In Judicial Custody, Thr. Sabeena Bepari., v. Police Inspector, Old Goa Police Station, Old Goa And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 39 OF 2020 IN CRIMINAL APPLICATION ( BAIL ) NO. 1 OF 2020 IMRAN BEPARI, PRESENTLY IN JUDICIAL CUSTODY, THR. SABEENA BEPARI., ... Applicant

Versus

POLICE INSPECTOR, OLD GOA POLICE STATION, OLD GOA AND ANR., ... Respondents Shri S. Shet, Advocate for the Applicant.

Shri P. Faldessai, Additional Public Prosecutor for the Respondents.

Coram:- M. S. SONAK, J.

Date:- 29th January, 2020 P.C.:

Heard Shri S. Shet for the applicant and Shri Faldessai, learned Additional Public Prosecutor for the respondents.

2. One of the conditions imposed in order dated 24/01/2020 in enlarging the applicant on bail is that he should surrender his passport to the Investigating Officer.

3. Shri S. Shet points out that the applicant does not have any passport. He points out that this was stated even at the time when the order dated 24/01/2020 was made. He stated that the

CRMA/39/2020 words "if any" after the direction for surrender of the passport were to be added.

4. Since, the applicant has stated in the application that he does not have any passport, the condition no.3 in the order dated 24/01/2020 is modified to read as follows:

"3. The applicant shall surrender his passport, if any, with the Investigating Officer."

5. The aforesaid order is made because it is pointed out that the applicant, despite the bail order in his favour, is still in custody because of non-compliance with condition no.3 in its unmodified form.

6. The Criminal Misc. Application is disposed of.

7. All concerned to act on basis of authenticated copy of this order.

M. S. SONAK, J.

NH